Consent: PARENT RIGHT TO OPT OUT OF AN IEP, PLACE IN A PRIVATE SCHOOL

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Elizabeth:  We are in MA, we decided to check our 6 grade kid out to attend a private school w/o services. she is in a last process of an IEP re evaluation. they want to complete it even though she is being pulled to another school & want me to take her to continue the special services by my own means which I do not have a car to take her.

I do not fully know my rights & I feel intimated by them. we are wanting to opt out on an IEP re evaluation but I am afraid they will threat me even more we given them a written notice. it seems they do not want let her go, nor withdraw her from the services. what will happen after we had given them a written notice & they still want to pursue due process, we do not have the means to afford a lawyer?

  1. I don’t understand what you said about your plan to place the child in a private school. However, I do want to warn you that if you were to end up in due process some day, if you appeared uncooperative, by for example refusing to consent to a triennial re-evaluation, that might look bad to a hearing officer. However, if you have a valid reason for objecting to a particular evaluation (for example, that very instrument was used recently), then it is fine for a parent to assert him or herself, by asking careful questions about what exactly the district is proposing to include in the evaluation, and what information they are hoping to obtain.

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